Legal Question in Family Law in Wisconsin

Name change

I have been a resident of WI for approx 3 yrs. I divorced in AR; do I have to go through AR to revert back to my maiden name since it is not stated in the divorce decree?


Asked on 5/29/07, 6:51 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Name change

In Wisconsin you have a common law right to give yourself any name you wish so long as the new name is not deceptive or confusing. So you could just use your maiden name.

However, that will not change your name officially for Social Security and/or driver's license, etc. So you would have to take care that your official name were used.

You can formally change your name under Wis. Stat. 786.36 which provides

"Changing names, court procedure. (1) * * * (A)ny resident of this state,

whether a minor or adult, upon petition to the circuit court of the county where he or she resides and upon filing a copy of the notice required under s. 786.37 (1), with proof of publication, may, if no sufficient cause is shown to the contrary, have his or her name

changed or established by order of the court.

So you can informally or formally change your name here. But you could check with your AR attorney to see if the AR divorce decree can be amended to allow the name change.

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Answered on 5/30/07, 9:22 am


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